Question
Read the following excerpt from Plessy v. Ferguson.
“The object of the [Fourteenth] amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power. The most common instance of this is connected with the establishment of separate schools for white and colored children, which has been held to be a valid exercise of the legislative power even by courts of States where the political rights of the colored race have been longest and most earnestly enforced . . . .”
Explain how this decision legally interpreted the Constitution prior to the civil rights movement.(1 point)
Responses
The decision used liberal constructionism by interpreting the amendment’s author’s intent to explain the Fourteenth Amendment.
The decision used liberal constructionism by citing the precedent of separate educational facilities are inherently unequal.
The decision used strict constructionism by explaining the federal power to legislate education within state borders.
The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The correct response is: The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
The correct response is: The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.
Explanation:
In the given excerpt from Plessy v. Ferguson, the decision does not try to interpret the intent of the authors of the Fourteenth Amendment. Instead, it relies on the notion of "separate but equal" and the power of state legislatures to make laws that separate races in places where they might come into contact. This approach is consistent with strict constructionism, which emphasizes adhering to the literal text of the Constitution without reading into it any implied or inferred meanings.
The correct answer is:
The decision used strict constructionism by refraining from attempting to decipher the intent behind the Fourteenth Amendment.